Mission Linen Supply v. City of Visalia

Filing 42

STIPULATION and ORDER REGARDING MEDIATION/SETTLEMENT CONFERENCES, signed by District Judge Anthony W. Ishii on 3/17/2017. (Kusamura, W)

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LORI J. GUALCO (Bar No. 95232)
GUALCO LAW
400 Capitol Mall, Eleventh Floor
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]
Email: [e-mail]
JAN A. GREBEN (Bar No. 103464)
CHRISTINE M. MONROE (Bar No. 304573)
GREBEN & ASSOCIATES
125 E. De La Guerra Street, Suite 203
Santa Barbara, CA 93101
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
MISSION LINEN SUPPLY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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MISSION LINEN SUPPLY, a California
Corporation,

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v.
CITY OF VISALIA, and Does 1-20,
inclusive,

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This stipulation and proposed order is made by and between Mission Linen Supply and
the City of Visalia (collectively referred to herein as “the Parties”).

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA
95814

Date Complaint Filed: May 1, 2015
Trial Date: May 23, 2017

Defendant.

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STIPULATION AND [PROPOSED]
ORDER REGARDING
MEDIATION/SETTLEMENT
CONFERENCES

Plaintiff,

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Case No. 1:15-cv-00672-AWI-EPG

Whereas, on March 15, 2017, the Parties filed a Joint Pretrial Conference Statement
[Document 40] and the Parties have a status conference scheduled with the Court on March 22,
2017.
Whereas, the Parties have informed the Court that a mediation session was scheduled
with mediator Timothy Gallagher for March 28, 2017 in this case [Document 40, page 40]. The
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STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION/SETTLEMENT CONFERENCES

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Parties and Mr. Gallagher have now agreed to move the mediation date from March 28 to March
31, 2017 at Mr. Gallagher’s office. This will be the first mediation session for the Parties and
Mr. Gallagher in this case. Although the Parties expect to have a productive mediation session
on March 31, 2017, it is anticipated that there may be follow-up mediation sessions necessary to
reach a settlement among the Parties. Those follow-up mediation sessions will be scheduled by
mutual agreement between the Parties and Mr. Gallagher.

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Whereas, the Parties and Mr. Gallagher have agreed mediation is necessary to attempt to
reach a settlement in this case. Mr. Gallagher does not require the personal attendance of the
City of Visalia’s carriers at the first mediation scheduled for March 31, 2017, and those carriers
may participate via telephone and WebEx presentations. It appears it is necessary for the Court
to compel the personal attendance of each of the City’s carriers with authority to settle the case to
attend and participate in subsequent mediation sessions at Mr. Gallagher’s office, located at 1875
Century Park East, Los Angeles, California, and the Parties request the Court allow for that
personal attendance at subsequent mediation sessions.

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The Parties hereby stipulate and agree that a settlement/mediation conference be set for
March 31, 2017, with mediator Timothy Gallagher at his office in Los Angeles, California. The
Parties further request that the Court require counsel in person, and the City’s insurers with
settlement authority to participate via telephone and WebEx, at the first mediation session on
March 31, and to attend subsequent mediation/settlement sessions in person.

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Date: March 17, 2017

GUALCO LAW

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/s/ Lori J. Gualco
Lori J. Gualco
Attorney for Plaintiff Mission Linen Supply

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA
95814

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STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION/SETTLEMENT CONFERENCES

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Date: March 17, 2017

GREBEN & ASSOCIATES

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/s/ Jan A. Greben, as authorized on 3/17/17
Jan A. Greben
Christine M. Monroe
Attorneys for Plaintiff Mission Linen Supply

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Date: March 17, 2017

HERR, PEDERSEN & BERGLUND LLP

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/s/ Leonard C. Herr as authorized on 3/17/17
Leonard C. Herr
Attorneys for Defendant CITY OF VISALIA

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[PROPOSED] ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Parties shall mediate with neutral Timothy Gallagher on March 31, 2017,

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commencing at 9:00 a.m. at Mr. Gallagher’s office. Counsel for the Parties shall appear in

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person, and the City’s insurers with settlement authority are required to participate in the

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settlement/mediation session via telephone and WebEx. Counsel for the Parties, and the City’s

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insurers with settlement authority, are to participate in person at any subsequent mediation

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sessions scheduled after March 31, 2017 by Mr. Gallagher and the Parties.
2.

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The status conference scheduled for March 22, 2017, at 10:00 a.m. in Courtroom

No. 2 remains on calendar as scheduled.

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IT IS SO ORDERED.
Dated:

March 17, 2017
SENIOR DISTRICT JUDGE

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA
95814

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STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION/SETTLEMENT CONFERENCES